Equitable Distribution

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Equitable distribution is the court-mandated division of marital property.
In the state of Florida, the court references a “fair” division
of marital assets and liabilities.
Courts distribute the property based on a number of factors regarding the
marriage, including:

The duration of the marriage

The earning potential and health of each spouse

The economic stance of each spouse

The contributions made to the marriage by each spouse

Because this division is not an even 50-50 split, it is important to have
the proper legal representation advocating for you. Our Fort Walton Beach
divorce attorneys can help you retain your primary marital assets. Contact The Virga Law Firm, P.A.today.

Equitable Distribution in Florida

Florida law differentiates marital and nonmarital property. Under Statute
61.075, only marital assets and liabilities are subject to equitable distribution.
These properties include:

Assets and liabilities acquired during the marriage

Gifts exchanged between spouses during the marriage

Enhancements/improvements made to a non-marital property during the marriage

Retirement, pension, profit-sharing, annuity, insurance plans, and other
vested and non-vested benefits accrued during the marriage

Nonmarital assets and liabilities are those acquired prior to the marriage,
or assets accrued “outside” of the marriage.
Examples of nonmarital property include:

Gifts given to a spouse from a third party

Income originating from the sale of a nonmarital property, unless otherwise
invested into marital property

An asset that is excluded, in writing, from the marital property by both parties

It is important to understand the details of marital and nonmarital property
so you can accurately fight for the appropriate assets and liabilities.
Most assets that commingle with marital assets are eligible for equitable
distribution, such as nonmarital funds transferred into a joint account.

Assets Eligible for Fair-Division Distribution

Based on the factors of your marriage, the court will divide the marital
property between the two parties. These assets may include
joint bank accounts,
retirement funds, and
properties with a joint title.

When deciding the division details of your case, the court will examine
the specifics of each spouses’ circumstances. For this reason, it
is crucial to have a legal professional represent you. At The Virga Law
Firm, P.A., our Fort Walton Beach divorce attorneys work meticulously
to help you achieve your objectives and defend your claim to marital assets.
With over 40 years of combined experience, our team has the legal knowledge
to represent you.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.